FATAL ACCIDENT

Evening Star, Issue 23375, 19 September 1939, Page 8

FATAL ACCIDENT

SUBSTANTIAL DAMAGES AWARDED DECISION CONTESTED IN APPEAL COURT [Per United, Press Association.] WELLINGTON, September 19. The Appeal Court to-day commenced the hearing (which is expected to last four days) of a case arising from an accident on February 16, 1938, when Henry William White, of Mangonui,-% service car driver, was injured at Waimate North. The bus he was driving collided with a clay bank, and, he -died a few days later, leaving a widow and two young children., ’ In August, 1938, the widow instituted an action in the Supreme Court at Whangarei against the_ owner of the bus, the Northern Publishing Company, Ltd., alleging, amongst other-matters, that to the knowledge of the company, the brakes of the bus were in a! defective and unsafe condition- and did not comply with the transport ■ licensing passenger regulations, 1936. ; The case came on for trial at Whan? garei from March 3 to 10 last, and the jury found that the bus was in an unsafe condition, that the company Knew; of that condition, and that the accident was - caused by this condition. It awarded Mrs White and her children £2.717. Counsel for the Publishing Company, then moved for an order nonsuiting the plaintiff or the entering of judgment for the company on many grounds, chief amongst which were that White himself was aware of the condition of the bus and must be taken to have,consented to the risk he ran. in driving jt;! that the carrying on of a bus service was beyond the powers given rto the company by its memorandum of association, and that being so, the company was not liable for the injuries caused by the operation of the. bus service. These contentions, were all rejected by the trial judge (Mr Justice Callan). and judgment was entered in accordance with the jury’s verdict, An appeal from this order is now; being heard, 1